In re Malachii O.

I respectfully dissent from the holding of the majority in this case. I do so because it is my opinion that the respondent has sufficiently rebutted the prima facie evidence of abandonment, thereby triggering an obligation for the Department of Children, Youth, and Families (DCYF) to prove that he abandoned his child by clear and convincing evidence. In my view, this has not been done.

There is no doubt that respondent was confronted by substantial obstacles that *1161stood in the way of contacting his son. He was incarcerated in another state and was apparently moved from facility to facility.…